Business Law Tort Law test

Assumption of Risk

• Willingly engaging in something dangerous and accepting consequences

Comparative Negligence

• both parties at fault, compensation reduced based on blame

Compensation

getting something in return for a loss or suffering

Confidential

• keeping information secret without permission

Contributory negligence

contributing to an accident may result in no compensation

Conversion

•  wrongfully taking someone else's property without permission

Defamation

saying false things that damage someones reputation

Disparagement

making false statements that harm a product or business

Domestic Violence

 Physical or emotional abuse in a family or romantic relationship

Emotional Distress

extreme emotional suffering caused by someons actions

False Imprisonment

unlawfully restraining or confinifg someone against their will

Foreseeable

something that can be reasonably expected or predicted

Intentional Tort

hurting someone on purpose

Invasion of Privacy

violating personal space or information without consent

Libel:

writing false and harmful information about someone

Negligence

failing to be careful and causing harm to others by accident

Nuisance

doing something that annoys or harms others

Objective

focusing on facts and not personal opinionsn or feelings

Plaintiff

person who filed a lawsuit and claims they were wronged

Product Liability

holding companies responsible for selling unsafe products

Proximate Cause

the main reason something happened in a lageal case

Public Policy

what soceity believes is right and fair

Reasonable

acting in a sensible and fair way

Remedy

a solution to fix to make things right after a problem

Shoplifting

taking things from a store without paying

Slander

saying false and harmful things about someone out loud

Strict Liability

holding someone responsible even if they didnt mean to do it

Survival statute

allows legal claims to continue after someone dies

tort

• a wrongful act that causes harm and can lead to a lawsuit

tort of assault

threating to harm someone or making them afraid

tort of battery

physically harming someone intentionally

tortfeasor

the person who commits a tort or wrong

trespass

going onto someone elses property without permission

ultra-hazardous

extremely dangerous, like handling explosives

wrongful death statute

allows family of deceased to seek compensation

• What crime was OJ accused of?

• OJ simpson was accused of the murders of his ex wife, Nicole Brown Simpson, and her friend, Ronald Goldman

What needed to be proved to be found guilty in criminal court?

• To be found guilty in a criminal court, the prosceution needed to prove beyond a reasonable doubt that O.J simpson committed the murders

• What is the burden of proof for the criminal charges?

the burden of proof for the criminal charges is beyond a reasonable dount, the highest standard in the justice system. need a unanimous juror decision=12/12 guilty

What was OJ sued for?

O.J was sued for the wrongful death of Nicole Brown simposn and ronald goldman in a civil case

• What needed to be proved to be found guilty in civil court?

Preponderance of the evidence, showing it was more likely than not that OJ simpson was responsible for the deaths

• What is the burden of proof for the civil suit?

The burden of proof for the civil suit is a preponderance of the evidence, a lower standard than in criminal cases. only need 9/12 jurors to devide one way or another, not unanimous.

What were the outcomes of each case, and why did the juries decide the way they did?

In the criminal trial, OJ was aquitted, mainly due to dobuts about evidence handling and witness credibility, while in the civilt trial, he was found liable due to a lower burden of proof and presented evidence

• Is OJ simpson a murdere in the eyes of the law?

• Legally, OJ simpson is not a murdered, as he was found not guilty in the criminal trial and found liable in the civil trial, showcasing the differing standars of proof. Guilty for wrongful death and battery, not murder

What is the purpose of tort law and how does it apply to different types of cases?

The purpose of tort law is to fix problems when someone gets hurt or wronged by another person. It makes sure victims get money to make up for their loss and holds the person who caused the harm responsible. It covers cases like accidents, intentional harm, and things like product defects.

What are the three main categories of tort law and how do they differ from each other?

There are three main types of tort law: negligent torts, intentional torts, and strict liability torts. Negligent torts happen when someone doesn't take enough care, intentional torts happen when someone does something on purpose to hurt someone, and strict liability torts are about the act itself, even if the person didn’t mean to cause harm.

What are some examples of cases that fall under tort law and how do they impact society?

 Some examples of tort law cases include someone suing a lab for making a mistake that caused a child’s death, a self-driving car accident, and a case where a website invaded Hulk Hogan’s privacy. These cases help set rules for how people should act and make sure others are held responsible for their actions.

In what ways does tort law protect individuals and hold others accountable for their actions?

Tort law helps people get money when they’re hurt by someone else’s actions and makes sure the person who caused the harm has to pay. It also helps stop people from being careless or harmful by making them pay for the damage they caused.

Which of the following is NOT a key takeaway about tort law?

It covers all civil suits

Which of the following is NOT a category of tort law?

Contractural Torts

What is the purpose of tort law?

To provide relief for wrongs done to individuals

Which of the following is an example of a strict liability tort case?

A defective product causing harm

Which of the following is NOT a potential argument for the use of tort law?

It can be used to regulate business practices

Which of the following is NOT a typical harm that can be compensated for in a tort law case?

Punitive damages

In what instance could a person be injured by a product and the manufacturer is not held liable for the injury?

•  If the product was used in a clearly unintended and unforeseeable way

•  If the user ignored warnings or instructions provided by the manufacturer

•  If the product was altered or tampered with after purchase

•  If the injury was caused by the user’s own negligence rather than a defect

When is a product deemed “defective”?

• When it contains a design defect that makes it inherently unsafe

•  When there is a manufacturing defect that occurred during production

•  When there is a marketing defect, such as failure to warn or improper instructions

What are the three reasons for a product liability claim?

• Design defect

• Manufacturing defect

• Marketing defect (failure to warn or provide proper instructions)

• Who is held responsible if a defective product causes injury?

• The manufacturer of the product

•  The distributor or wholesaler

•  The retailer who sold the product to the consumer

•  Potentially all parties in the chain of distribution

List the four types of damages that may be recovered from a product liability injury.

• Medical expenses (hospital bills, treatment costs)

•  Lost wages/income (due to inability to work)

•  Pain and suffering (emotional and physical distress)

• Punitive damages (in cases of extreme negligence or willful harm)

If one uses the product in a way it was not intended and gets injured, can they file and win a product liability lawsuit?

Usually not, unless the misuse was foreseeable and the manufacturer failed to warn against it. If the misuse was extreme or clearly unreasonable, the case will likely fail.

Duty of Care

 a legal responsibility to avoid actions or situations that could harm others. This duty exists in many everyday situations. For example:

• Drivers have a duty to obey traffic laws and drive safely.

• Store owners have a duty to keep their premises safe for customers.

• Teachers have a duty to supervise students during school hours.

The defendant had a legal obligation to act carefully.

Breach of duty

when someone fails to act the way a reasonable person would under similar circumstances. In legal terms, they "fall below the standard of care."

Examples include:

• A driver running a red light.

• A store owner ignoring a wet floor sign.

• A lifeguard texting instead of watching swimmers.

The defendant failed to meet that obligation.

Causation

Even if there was a breach, the plaintiff must prove that the breach caused their injury. There are two parts to it:

• Actual cause (also called “cause in fact”): This means the injury wouldn’t have happened but for the defendant’s actions. For example, if a driver hits a pedestrian while texting, the accident wouldn't have happened if the driver was paying attention.

• Proximate cause: This is about foreseeability. Were the consequences of the defendant’s actions something a reasonable person could have predicted? If the harm was too remote or unusual, the defendant might not be held responsible.

Both types of causation must be present to show a strong link between the breach and the harm.

The defendant’s actions caused the plaintiff’s harm.

Damages

 the plaintiff must have suffered a real injury or loss. This can include:

• Physical injuries (like a broken leg or concussion)

• Emotional distress (in some cases)

• Financial losses (such as medical bills or lost wages)

• Property damages

The plaintiff suffered actual harm or loss.

What does the term "duty of care" refer to in a negligence case?

A legal responsibility to avoid causing harm to others

Which of the following is an example of someone breaching their duty of care?

A driver texting while driving through an intersection

In negligence cases, how do courts decide if a breach of duty occurred?

By comparing the defendant’s actions to what a reasonable person would do

What does "actual cause" mean in the context of a negligence claim?

That the injury would not have happened without the defendant’s actions

Which scenario best demonstrates “proximate cause”?

A delivery driver causes a car crash because he ignored a stop sign

Why is proximate cause important in a negligence case?

It limits liability to consequences that are foreseeable

What must a plaintiff show to prove “damages” in a negligence case?

That they suffered actual harm or loss

Which of the following would not qualify as damages in most negligence cases?

A slight feeling of annoyance

What happens if a plaintiff cannot prove one of the four elements of negligence?

The case may be dismissed

Why must both actual cause and proximate cause be proven in a negligence case?

To show a clear and reasonable link between the defendant’s actions and the harm

Ruth turns up the volume on her stereo when she gets home from work at 2:00 a.m. She refuses to turn it down when asked to do so by her neighbors. Did Ruth commit a tort?

Yes, Ruth committed a tort. Ruth's refusal to turn down the volume on her stereo when asked by her neighbors at 2:00 a.m. may be considered a tort of nuisance (intentional). Nuisance occurs when one unreasonably interferes with another person's use and enjoyment of their property, and playing loud music late at night without cooperation could be considered unreasonable interference.

Marty Ault is angry with Mel Coleman – he is convinced that Coleman stole his girlfriend. In the school hallway between classes, Ault knocks the books out of Coleman’s arms. After school, he tosses Coleman’s backpack into the garbage. Did either Marty, Mel or both commit a tort?

• Yes, both Marty Ault and Mel Coleman committed torts. Marty's actions of knocking the books out of Coleman's arms and tossing his backpack into the garbage can be considered intentional torts such as assault and battery. Mel may also have a claim against Marty for the torts of assault and battery for the actions taken by Marty.

Shirley Zucaro points a toy gun at Alphonso Johnson and demands money. Johnson has a heart attack. Was a tort committed?

Yes, a tort was committed. Shirley Zucaro's actions of pointing a toy gun at Alphonso Johnson and demanding money, which led to Johnson having a heart attack, constitute the tort of assault and intentional infliction of emotional distress.

James Lee, while leaving a shopping mall, accidentally backs his car into a parked car owned by Barbara Faustino. Several parts of Faustino’s car are damaged: the radiator, the front of the engine, and one fender. The body shop and the garage both estimate repair costs at $1,200. Was a tort committed?

Yes, a tort was committed. James Lee's accidental collision (unintentional) with Barbara Faustino's parked car, resulting in significant damage, constitutes the tort of negligence. Even though the collision was unintentional, it still qualifies as negligence, as James failed to exercise reasonable care while backing his car.

Martin Kennedy lives in a rural area, in which his backyard and those of his neighbors are very large. Martin and his friends often explore his backyard for wildlife, etc. One day they decide to go hunting and enter the property of his next-door neighbor, Mr. Smith. Did Martin and his friends commit a tort?

Yes, Martin Kennedy and his friends committed a tort. Entering the property of the next-door neighbor, Mr. Smith, without permission is a trespass, and they have committed the tort of trespass which is intentional.

On a Saturday afternoon, Jill and her friends are shopping at a local mall for CDs. The store manager, Bill Davidson, believes he saw Jill put a CD into her purse. Davidson confronts Jill and questions her in the back office with another assistant manager for 3.5 hours. Eventually Davidson and the assistant manager believed that Jill was innocent and let her go home. Was a tort committed against Jill?

Yes, a tort was committed against Jill. Bill Davidson's actions in detaining and questioning Jill for 3.5 hours without evidence of wrongdoing may constitute false imprisonment and infliction of emotional distress, both of which are intentional torts.

While riding the water slides at Six Flags over the summer, Greg slipped getting into a log flume and injured his leg. Had there been a drier surface and a larger amount of room for Greg’s entrance onto the ride, the injury would have been avoided. Can Greg press charges against Six Flags?

Greg may have a potential claim against Six Flags. If the slippery surface and lack of room for Greg's entrance onto the ride were due to negligence on the part of Six Flags and resulted in his injury, he might be able to bring a tort claim for negligence (unintentional). Negligence involves breaching a duty of care, and if Six Flags failed to provide a reasonably safe environment, they could be held liable.

A student told Mr. Brandt that Mr. Calabrese bought alcohol for students. Mr. Calabrese lost his job even though the story was not true. Was a tort committed against Mr. Calabrese?

Yes, a tort was committed against Mr. Calabrese. If a student's false statement led to Mr. Calabrese losing his job, he may have a claim for defamation or wrongful termination (intentional). The false statement damaged his reputation and caused him to lose his employment, which could constitute a tort.

Tom Smith was driving his brand-new Ford Explorer & realized his tire popped within the first week. Tom went to a mechanic & he said the tire was not safe to drive due to cheap rubber that Ford used on the tire. After doing more research, Tom found out he was not the only one having this issue with Ford tires. Was a tort committed against Tom & fellow Ford drives?

Yes, a tort was committed against Tom. This is a classic case of product liability (strict liability) since Ford is responsible for Toms tire popping due to the cheap rubber, they used to make the tires. Tom & other Ford drivers who experienced tire issues could sue Ford for product liability.

List & describe each of the 4 elements of negligence we covered. Additionally, provide an example of a negligence case & explain the 4 elements of your example.

• Duty of Care which is a legal responsibility to avoid actions or situations that could harm others. This duty exists in many everyday situations. Breach of Duty, a breach happens when someone fails to act the way a reasonable person would under similar circumstances. Causation, Even if there was a breach, the plaintiff must prove that the breach caused their injury, there are two parts of this, which are proximate cause, and actual cuaase. Damages, meaning the plaintiff must have suffered a real injury or loss. This can include: physical injuries, emotional distress, finacncial losses, propertt damage. An example of a negligence case would be a grocery store failing to clean up a spilled liquid in one of its aisles. A customer slips on the spill, falls, and breaks their arm. The store had a duty of care to keep the store safe. They breached that duty by not cleaning up the spill or warning customers. The spill was the cause of the fall, both in terms of actual cause (the fall wouldn’t have happened without it) and proximate cause (it’s foreseeable someone could slip). The customer experienced damages in the form of a physical injury, medical bills, and possibly lost wages.

What is defamation & what category of tort law would it fall under? Also, describe the difference between the libel & slander / list the 4 elements for proving defamation.

Defamation occurs when a false statement is made to a third party if the statement is presented as factual and causes harm to theplaintiff’s reputation. Defamation is an intentional tort, and is a false statement. Libel occurs when a false statement is published in written form and does harm to a victim. Whereas Slander occurs when a false statement is made in oral form and does harm to a victim.  The four elements of proving defamation are defamatory language, of and concerning the plaintiff, publication to third parties, and damage to the plaintiffs reputation.